19990331Decision Memo.pdf

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DECISION MEMORADUM
TO: COMMSSIONER HASEN
COMMSSIONER SMITH
COMMSSIONER KJELLANER
MYA WALTERS
TONYACLAR
RON LAW
BOB HORTON
DAVID SCOTT
WORKNG FILE
FROM: DON HOWELL
DATE: MACH 31, 1999
RE: REQUEST FOR AN EXEMPTION FROM THE COMMISSION'S
RALROAD CLEARCE RULES, CASE NO. BNR-R-99-2
In November 1998, the Commssion received a request from Idao Forest Industres (lFI)
seeking a waiver or an exemption from the Commission's Railroad Clearce Rules, IDAPA
31.71.01.000 et seq. The Company constrcted nettng platforms along the side and above the
Railroad's industral spur track at IFI's Atlas plant near Coeur d'Alene. As constrcted, the
platforms do not comply with the Commission's side and overhead clearance stadards found in
Clearce Rules 201, 204 and 301. On March 11, 1999, the Commission issued Order No. 27962
seekig comments regarding IFI's request for an exemption. The Commission Staff was the only
par to file comments in response to the Commission's Order.
THE APPLICATION
As set out in the Commission's Order No. 27962, the platforms were constrcted on each
side of the chip loading track and are 60 feet in lengt and approximately 3 feet in width. The
platforms are approxiately 12 feet from the top of the rails. The inside edges of the platform and
their initial support strctues are 7 feet 7-114 inches from the center line of the track. The
Commission's Side Clearance Rule 301 requires a side setback from the center line of tracks of8
feet 6 inches.
At the rear of each platform is a strctue that supports 120- foot tethering cable. The
cable rus from the rear of the platform to the chip loading strctue. Wearng an OSHA mandated
DECISION MEMORAUM 1
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safety haess, IFI workers connect themselves to the cable. Ths supportng strctue is 23 feet 4
inches above the top of the ras. The Commsion's Rule 201.02 requies an overhead clearance of
23 feet 6 inches. Finaly, the chip loadg "hood" apparatu intrdes into the "arch" overhead
clearance zone requied by Rule 204. See attched diagams.
The chip loadig facilty and ral spur were intaled in 1986 but have seen limited
servce until recently. The spur line in question termtes on IFI's propert no fuer than 150 feet
beyond the chip car loader. There are no other ral users that are afected by these impaired.
clearances.
THE STAFF'S COMMNTS
As previously mentioned, the Sta was the only par to fie comments in this matter.
In its comments, the Sta recommended tht the Commssion grant the exemptions requested by IFI
conditioned upon the erection of "impaied clearce signs" on both sides of the track approaching
the platforms. The purose of the sign would be to advise ralroad and IFI employees tht there are
impaired clearances ahead. The Sta recommended that the sign have a white reflectorized
background and black letterig of at leas 3 inches in height. The Sta proposed that the signs read
"IMP AIRED SIDE AN OVERHAD CLEARCES AHAD" and that these signs be placed
10 feet from the center line to comply with Clearance Rule 301.
LEGAL STANAR
Clearance Rule 8 provides tht the Commssion may grant exemptions from its Clearce
Rules "upon proper application or notice from the carers, industres, or other interested persons."
IDAPA 31.71.01.008. The Commission is empowered to grant exemptions but such exemptions
"shall be limted to the paricular case covered by the Application." ¡d. The Application must be
accompaned by a full statement of the conditions existing and the reasons why an exemption is
requested.
As previously mentioned, the only person to. submit comments regardig ths matter was
the Commission Sta. The Sta recommended that the Commission grant the exemptions
conditioned upon the placement of "impaied clearce" signs. In this case, the side clearances are
impaied by 11 inches on either side, overhead clearance by the support ar is impaied by 2 inches,
and the chip loading hood impairs overhead clearance on the top of the car almost entirely.
DECISION MEMORAUM 2
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COMMSSION DECISION
Does the Commssion desire to grant exemptions to its Side and Overhead Clearance
Rules in ths case?
L
Don Howell
vldI:BN-RR-99-2.dh
DECISION MEMORAUM 3
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